Resolutions and Ordinances are subject to amendment, rescission or repeal, or readoption in whole or in part. Additional research may be necessary to verify the completeness of the legislative history. To research the Berkeley Municipal Code, visit: http://www.CityofBerkeley.info/BMC

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AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, July 10, 2012

7:00 P.M.

Council Chambers - 2134 Martin Luther King Jr. Way

Teleconference Location:

130 San Vicente Blvd., Apt 142B, Santa Monica, CA 90402

Tom Bates, Mayor

Councilmembers:

District 1 – Linda Maio

District 5 – Laurie Capitelli

District 2 – Darryl Moore

District 6 – Susan Wengraf

District 3 – Max Anderson

District 7 – Kriss Worthington

District 4 – Jesse Arreguin

District 8 – Gordon Wozniak

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, CMC, Acting City Clerk, 981-6900.

The City Council may take action related to any subject listed on the Agenda. The Mayor may exercise a two minute speaking limitation to comments from Councilmembers. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Preliminary Matters

Roll Call:

Ceremonial Matters:In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Five persons selected by lottery will have two minutes each to address matters not on the Council agenda. Persons wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a name card to the City Clerk in person at the meeting location and prior to commencement of that meeting. Five cards will be drawn by the City Clerk to determine the speakers who will be allowed to comment during the first round of public comment on non-agenda matters. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda. Name cards are not required for this second round of public comment on non-agenda matters.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Up to three speakers will be entitled to two minutes each to speak in opposition to or support of a Consent Calendar Item. The Presiding Officer will ask additional persons in the audience to stand to demonstrate their respective opposition to or support of the item.

In the event that there are more than three persons wishing to speak either in opposition to or support of a “Consent” item, the Presiding Officer will move the item to the beginning of the Action Calendar. Prior to moving the item, the Presiding Officer will fully inform those persons in the audience of this process.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar

The Council will first determine whether to move items on the agenda for action or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to action. Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

After hearing from public speakers regarding items remaining on the Consent Calendar, any Council Member may move any Information or Consent item to “Action”, however no additional items can be moved onto the Consent Calendar at that point. Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items removed from the Consent Calendar to the Action Calendar for additional public comment, at the time the matter is taken up during the Action Calendar, public comment will be limited to persons who have not previously addressed that item during the Consent Calendar related public comment period.

3135 Harper Street Request for Proposals for Affordable Housing DevelopmentFrom: City ManagerRecommendation: Adopt a Resolution: 1. Directing the City Manager to negotiate with Satellite Housing to develop (a) a more refined financing plan, including working with the Berkeley Housing Authority regarding a potential allocation of project-based Section 8, and (b) a plan for site control of the 3135 Harper Street site sufficient to allow it to apply for Low Income Housing Tax Credits in March 2013, and to return to Council prior to December 31, 2012 when the current Housing Trust Fund round will close; and 2. Establishing a deadline of December 31, 2013 for Satellite to secure project financing.Financial Implications: See reportContact: Jane Micallef, Health, Housing and Community Services, 981-5400

Contract: Bay Area Community Resources for Placement of Americorps InternsFrom: City ManagerRecommendation: Adopt a Resolution authorizing the City Manager to execute an expenditure contract with Bay Area Community Resources (BACR) for the purpose of placing Americorps interns at the Berkeley High School Health Center (BHSHC) and the Vera Casey Pregnant and Parenting Teen Program in the amount of $70,000 for FY 2013.Financial Implications: Various Funds - $70,000Contact: Jane Micallef, Health, Housing and Community Services, 981-5400

Contract: TranSystems, Inc. for South Cove Public Dock Improvement Project Design PhaseFrom: City ManagerRecommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with TranSystems, Inc. in an amount not to exceed $139,365 for design services for the South Cove Public Dock Improvement Project design phase.Financial Implications: Dept. of Boating and Waterway Fund - $139,365 (grant)Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

License Agreement: Berkeley Partners for Parks - Tool Lock-up Storage Area and Lockers at Aquatic ParkFrom: City ManagerRecommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement with Berkeley Partners for Parks ("BPFP") on behalf of its partner group, Aquatic Park EGRET ("EGRET") to use the City's Tool Lock-up Storage Area and Lockers at the south end of Berkeley Aquatic Park.Financial Implications: Park Tax Funds - $6,000 (approx)Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

Donation from Wareham Development for Pedestrian Beacons at 7th Street & Anthony StreetFrom: City ManagerRecommendation: Adopt a Resolution: 1. Accepting a donation in the amount of $25,000 from Wareham Development for purchase and installation of solar powered pedestrian activated rectangular rapid flashing beacons for the crosswalk on the north leg of the intersection of 7th Street and Anthony Street; and 2. Authorizing the City Manager to enter into agreements necessary for purchase and installation of solar powered pedestrian activated rectangular rapid flashing beacons at the intersection of 7th Street and Anthony Street.Financial Implications: See reportContact: Andrew Clough, Public Works, 981-6300

Parking Citation Fines for Enforcement of Violations of Disabled Person Parking, Pay-and- Display (P&D) Stations in Off-street Parking Lots, and Establishing the Zone and Annual Notification for Football Day CitationsFrom: City ManagerRecommendation: Adopt two Resolutions: 1. Updating the schedule of fines for parking violations and late payment penalties: a. Establishing civil penalties for the fraudulent use of Disabled Person (DP) placards and license plates, as set forth under California Vehicle Code (CVC) violations of CVC 4461 (b), (c) and (d), in the amount of $500 per citation, plus a 10% state-required assessment; and b. Adding the state-required additional assessment equal to 10% of the penalty established for a violation of CVC Section 22507.8 (parking in a disabled space or cross-hatched area), and CVC Section 22522 (parking within 3 feet of a sidewalk ramp); and c. Setting fines for violations related to Pay-and-Display Stations that are located in off-street parking lots; and d. Rescinding Resolution No. 65,080–N.S.2. Establishing the zone for football day citations as north to (not including) Cedar Street, south and east to the Berkeley-Oakland city limits, and west to Oxford and Fulton Streets; and authorizing the City Manager to make an annual determination and notice of dates on which football day violations will be issued.Financial Implications: See reportContact: Andrew Clough, Public Works, 981-6300

Amendments to the Soft Story OrdinanceFrom: Councilmembers Capitelli and ArreguinRecommendation: That the City Manager develop language amending BMC 19.39 that would require owners of multi-unit residential buildings of 5 or more units, that have previously been identified by the City of Berkeley as containing soft, weak, or open front stories – “soft story” buildings – to retrofit their buildings within an appropriate time frame as determined by Council.Financial Implications: See reportContact: Laurie Capitelli, Councilmember, District 5, 510-981-7150 and Jesse Arreguin, Councilmember, District 4, 510-981-7140

After the initial ten minutes of public comment on non-agenda items and public comment and action on consent items, the public may comment on each remaining item listed on the agenda for action as the item is taken up. Where an item was moved from the Consent Calendar to Action no speaker who has already spoken on that item would be entitled to speak to that item again.

The Presiding Officer will request that persons wishing to speak line up at the podium to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action Calendar – Public Hearings

Staff shall introduce the public hearing item and present their comments. This is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak, line up at the podium to be recognized and to determine the number of persons interested in speaking at that time.

Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

Public Hearing and Determination Regarding Revocation of Administrative Use Permit: Acupressure Health Center - 1610 University AvenueAttachment 2 - Admin RecordFrom: City ManagerRecommendation: Conduct a public hearing pursuant to Berkeley Municipal Code (BMC) Section 23B.60.050 and, upon conclusion: 1. Direct staff to return with a Resolution on July 24, 2012 determining that 1610 University Avenue has: a) Failed to comply with the conditions of Administrative Use Permit No. 10-20000081; and b) Substantially changed in character beyond that set forth in Administrative Use Permit No. 10-20000081under BMC 23B.60, and order that Administrative Use Permit No. 10-20000081 be revoked. 2. Continue the Council's consideration to July 24, 2012 for adoption of the Resolution.Financial Implications: NoneContact: William Rogers, City Manager’s Office, 981-7000

Public Hearing and Determination Regarding Revocation of Use Permit: Berkeley Alouette - 1443 University AvenueAttachment 2 - Admin RecordFrom: City ManagerRecommendation: Conduct a public hearing pursuant to Berkeley Municipal Code (BMC) Section 23B.60.050 and, upon conclusion: 1. Direct staff to return with a Resolution on July 24, 2012 determining that 1443 University Avenue has: a) Failed to comply with the conditions of Use Permit No. 7845; and b) Substantially changed in character beyond that set forth in Use Permit No. 7845 under BMC Chapter 23B.60, and order that Use Permit No. 7845 be revoked. 2. Continue the Council's consideration to July 24, 2012 for adoption of the Resolution.Financial Implications: NoneContact: William Rogers, City Manager’s Office, 981-7000

Action Calendar – Old Business

Proposed Revenue Ballot Measures for November 2012 Election(Continued from June 26, 2012)a. Analysis of Proposed Revenue Measures for November 2012PresentationFrom: City ManagerRecommendation: Discuss analysis of measures for the November 2012 ballot, and provide direction regarding any modifications to language for the measures.Financial Implications: See reportContact: William Rogers, Interim Deputy City Manager, 981-7000

b. General Obligation Bond Measure for Watershed and Related Street ImprovementsFrom: City ManagerRecommendation:1. Adopt a Resolution Determining Public Interest and Necessity for Issuing a General Obligation Bond in the Amount of $30 Million for Watershed and Related Street Improvements and Submitting to the Berkeley Electorate a Measure to Authorize a General Obligation Bond for Those Improvements. 2. Adopt a Resolution Authorizing the City of Berkeley to Incur Bonded Debt and Issue a General Obligation Bond for Watershed and Related Street Improvements for Environmental Quality and Flood Mitigation. 3. Determine whether to designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.Financial Implications: See reportContact: Zach Cowan, City Attorney, 981-6950

c. General Obligation Bond Measure for Streets and Related Watershed ImprovementsFrom: City ManagerRecommendation:1. Adopt a Resolution Determining Public Interest and Necessity for Issuing a General Obligation Bond in the Amount of either $30 million or $50 million for Street and Related Watershed Improvements and Submitting to the Berkeley Electorate a Measure to Authorize a General Obligation Bond for Those Improvements. 2. Adopt a Resolution Authorizing the City of Berkeley to Incur Bonded Debt and Issue a General Obligation Bond for Street and Related Watershed Improvements. 3. Determine whether to designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.Financial Implications: See reportContact: Zach Cowan, City Attorney, 981-6950

Contribution Limits on Contractors doing Business with the City(Continued from June 26, 2012)From: Councilmember ArreguínRecommendation: Refer to the Fair Campaign Practices Commission (FCPC) for consideration the issue of prohibiting contributions by contractors doing business with the City and the Berkeley Unified School District. Financial Implications: UnknownContact: Jesse Arreguín, Councilmember, District 4, 981-7140

Referral to City Manager: Streamlined Affidavit of Residency Ordinance(Continued from June 26, 2012)From: Councilmember ArreguinRecommendation: Refer to the City Manager the attached amendment to B.M.C. Section 2.04.145 (the Affidavit of Residency requirement) to develop ordinance language and bring back to Council a proposed Ordinance.Financial Implications: See reportContact: Jesse Arreguin, Councilmember, District 4, 981-7140

Referral to City Manager: Comprehensive Single Use Plastic Bag Ban/Paper Bag Fee Ordinance(Continued from June 26, 2012)From: Councilmember WorthingtonRecommendation: Request from the City Manager an estimate of the minimum dollar amount necessary to begin a City of Berkeley Single Use Plastic Bag Ban/Paper Bag Fee Ordinance simultaneous with the County of Alameda for all retail non-restaurant businesses.Financial Implications: To be determinedContact: Kriss Worthington, Councilmember, District 7, 981-7170

Requesting Alameda County Recorder of Deeds Help Stopping Foreclosures(Continued from June 26, 2012)From: Councilmember WorthingtonRecommendation: Send a letter to the Alameda County Recorder of Deeds and Sheriff in regards to a local action plan about stopping foreclosures.Financial Implications: NoneContact: Kriss Worthington, Councilmember, District 7, 981-7170

Delivery Vehicles on Telegraph Ave(Continued from June 12, 2012)From: Mayor BatesRecommendation: Refer to the Transportation Commission amendments to BMC Chapter 14.56 that would limit deliveries to businesses on Telegraph Avenue between Dwight Way and Bancroft Way to delivery vehicles of 30 feet or less, and only between 6 a.m. and 11 a.m. Financial Implications: UnknownContact: Tom Bates, Mayor, 981-7100

Five-Minute Grace Period at Pay-and-Display Parking Meters(Continued from May 29, 2012)From: Councilmember CapitelliRecommendation: Adopt a Resolution establishing a five-minute grace period for vehicles where a valid receipt from a pay-and-display meter is appropriately displayed. Financial Implications: UnknownContact: Laurie Capitelli, Councilmember, District 5, 981-7150

Action Calendar – New Business

West Berkeley ProjectFrom: City ManagerRecommendation:1. Adopt a Resolution certifying the Final Environmental Impact Report (FEIR) for the Master Use Permit amendments to the West Berkeley Plan and Zoning Ordinance and adopting CEQA findings and the Mitigation Monitoring Program;2. Adopt a Resolution placing the attached measure to adopt the Master Use Permit Amendments on the ballot at the November 6, 2012 General Municipal Election.3. Determine whether to designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.4. Adopt a Resolution referring the issues of Community Benefit Agreements, an Aquatic Park Protection Package and site aggregation to the Planning Commission.Financial Implications: See reportContact: Zach Cowan, City Attorney, 981-6950

Sitting on Commercial Sidewalks Ballot MeasureFrom: City ManagerRecommendation:1. Adopt a Resolution placing the attached measure to adopt an ordinance prohibiting sitting on commercial sidewalks on the ballot for the November 6, 2012 General Municipal Election. 2. Determine whether to designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.Financial Implications: See reportContact: Zach Cowan, City Attorney, 981-6950

Initiative Petition - FACTS OrdinanceFrom: City ManagerRecommendation: 1. Adopt a Resolution submitting the Ordinance, without alteration, to a vote of the People at the November 6, 2012 General Municipal Election.2. Determine whether to designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.Financial Implications: See reportContact: Mark Numainville, Acting City Clerk, 981-6900

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ. Proc. 1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of the civic center located at 2180 Milvia Street as well as posted on the City's website at http://www.cityofberkeley.info.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at 981-6346(V) or 981-7075 (TDD) at least three business days before the meeting date.

Please refrain from wearing scented products to this meeting.

Captioning services are provided at the meeting, on B-TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on June 28, 2012.

Mark Numainville, Acting City Clerk

Communications

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.